Vinit Arvind Shah v. The State Of Maharashtra

by RUPALI RAJESH WAKODIKAR Date:

2024.04.30 18:14:58 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 586 OF 2024 Vinit Arvind Shah ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Saveena T. Bedi for the Applicant.

Mr. K.V.Saste, Addl.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

DATE : 30 th APRIL, 2024 ORAL ORDER (Per Revati Mohite Dere, J.):

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks permission to travel overseas i.e. to Bangkok from 1st May, 2024 to 8th May 2024. During the said period the applicant seeks suspension of the Look Out Circular ('LOC') issued as against the applicant at the behest of the 1/4

respondent - EOW, Thane.

3.

Perused the papers. The applicant has travelled overseas on several occasions, on certain terms and conditions as stipulated in the said orders. It is not in dispute that the applicant has complied with the terms and conditions stipulated therein. It appears that the applicant is an accused alongwith others in C.R.No.111 of 2019, registered with the Kalyan Police Station, subsequently transferred to EOW, Thane. The offences alleged against the applicant and others are offences under Section 420 r/w 34 of the Indian Penal Code as well as the provisions of MOFA and MPID Act. Though the C.R. is of the year 2019, chargesheet has not been filed in the said case. As noted earlier, the applicant has complied with the terms and conditions stipulated in the orders, by which, the applicant was permitted to travel overseas.

4.

Accordingly, the application is allowed on the following terms and conditions:

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ORDER

(i) The applicant - Vinit Arvind Shah, is permitted to travel to Bangkok during the period from 1st May, 2024 to 8th May 2024. During the said period of travel, the LOC issued as against the applicant at the behest of the Respondent - EOW, Thane, shall stand suspended; (ii) The applicant, before his departure, shall furnish the full itinerary of his overseas travel i.e. all details, including the address/addresses where he would stay, and telephone/mobile/contact numbers, on which he can be contacted during the said period, to the Respondent-EOW, Thane, via e-mail/fax or any other electronic mode; (iii) The applicant shall, on his return to India, within 48 hours, shall inform the EOW, Thane, of his return; 3/4

(iv) The Respondent - EOW, Thane, shall inform the Immigration Authorities of the order passed today, at the earliest;

(v) The Immigration Authorities, on all points of departure, will permit the petitioner to pass through immigration and to board his flight or flights, irrespective of whether the immigration system has been updated and whether the EOW, Thane, has informed the Immigration Authorities or not;

(vi) The applicant shall not apply for extension or renewal of this order, until he returns to India. 5.

The Application is accordingly disposed of.

All concerned to act on the authenticated copy of this order.

MANJUSHA DESHPANDE, J.

REVATI MOHITE DERE, J.

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